Government Agency: United States. Department of Justice; United States. Department of Justice; United States. Federal Bureau of Investigation

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Geographic Scope: United States Geographic Code: 1USA United States

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192800788

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In 2007, there were 255,630 incidents of rape and sexual assault in
the United States (BJS, 2008a). Of those, 90,427 were forcible rapes
(FBI, 2008c). This represents one forcible rape occurring somewhere in
the United States every 5.8 minutes (FBI, 2008a). Persons in the age
group of 12 to 19 were raped and sexually assaulted at a significantly
higher rate than any other age group (Tjaden & Thoennes, 2000; BJS,
2008b).

Of the 90,427 forcible rapes reported in 2007, 40% were cleared by
arrest or "exceptional means" (FBI, 2008d) with 23,307 of
those being arrests (FBI, 2008b). Clearance of a report by exceptional
means occurs when the known suspect dies before an arrest is made, when
the victim refuses to provide the information or assistance necessary to
follow an investigation through to an arrest, or when the known suspect
is being held in another jurisdiction for a different crime and
extradition is denied. In order to clear a case by exceptional means,
the officers must have an identified suspect, know where he can be
found, and have enough evidence for a legal arrest.

Degrees of "Not True"

A certain percentage of rape complaints are classified as
"unfounded" by the police and excluded from the FBI's
statistics. For example, in 1995, 8% of all forcible rape cases were
closed as unfounded, as were 15% in 1996 (Greenfeld, 1997). According to
the FBI, a report should only be considered unfounded when investigation
revealed that the elements of the crime were not met or the report was
"false" (which is not defined) (FBI, 2007).

This statistic is almost meaningless, as many of the jurisdictions
from which the FBI collects data on crime use different definitions of,
or criteria for, "unfounded." That is, a report of rape might
be classified as unfounded (rather than as forcible rape) if the alleged
victim did not try to fight off the suspect, if the alleged perpetrator
did not use physical force or a weapon of some sort, if the alleged
victim did not sustain any physical injuries, or if the alleged victim
and the accused had a prior sexual relationship. Similarly, a report
might be deemed unfounded if there is no physical evidence or too many
inconsistencies between the accuser's statement and what evidence
does exist. As such, although some unfounded cases of rape may be false
or fabricated, not all unfounded cases are false.

The term "unfounded" is not a homogeneous classification
and, to date, there is not a formalized, accepted definition of
"false rape allegations." Certainly, the designation of false
accusation should not include those situations in which the accuser was
raped but unintentionally identified the wrong person as the alleged
perpetrator. The definition of false allegation of rape cannot be
limited to the situation in which the victim recants the accusation.
There are women who were truly raped but for any number of reasons
choose to recant. On the other hand, there are women who were not raped
but do not recant their accusation.

Perhaps the designation of false allegation might best be used
exclusively for those cases in which it is determined that the accuser
intentionally fabricated the allegation of rape. That is, the accuser
claims an incident of forced sexual contact took place when no such
incident occurred, or the contact that did occur was consensual. In
addition, this would include cases in which a rape was committed, but
the victim knowingly identified the wrong person as the perpetrator.

Just as there continues to be strong resistance to the fact that
some children (for a variety of reasons) lie about having been sexually
molested or assaulted, the judicial system, mental health practitioners,
and the public at large are reticent to accept that some women (and men)
lie about having been raped. However, there is ample evidence that
adults lie about virtually anything, including grave matters that have
serious consequences for others.

Crying Rape

Although there is no doubt that false rape allegations occur, it is
extremely difficult to determine what percentage of rape reports is
intentionally false. This is due to many factors, including
jurisdictional variation in definition, criteria, and reporting
practices, as well as the fact that not all rapes are reported. Although
the FBI had set 8% as the average rate of false (actually, unfounded)
accusations during the late 1990s, there is remarkable variation in the
estimates of false allegations of rape found in the literature (Kanin,
1994; Epstein, 2005). A review of those studies on false rape
accusations conducted between 1968 and 2005 showed a percentage range
from 1-90% (Rumney, 2006).

Very little formal research has been conducted on the prevalence of
false allegations of rape. One study looked at the 109 cases of forcible
rape that were disposed of in one small midwestern town between 1978 and
1987 (Kanin, 1994). The given town was specifically selected for study
because the police department used a uniquely objective and thorough
protocol when investigating rape complaints. Among other procedural
safeguards, officers did not have the discretion to drop rape
investigations if they concluded the complaint was "suspect"
or unfounded. Every rape accusation had to be thoroughly investigated
and included offering a polygraph to both the accuser and the accused.
Cases were only determined to be false if and when the accuser admitted
that no rape occurred.

The researchers further investigated those cases that the police,
through their investigation, had ultimately determined were
"false" or fabricated. During the follow-up investigation, the
complainants held fast to their assertion that their rape allegation had
been true, despite being told they would face penalties for filing a
false report. As a result, 41% of all of the forcible rape complaints
were found to be false. To further this study, a similar analysis was
conducted on all of the forcible rape complaints filed at two large
midwestern public universities over a 3-year period. Here, where
polygraphs were not offered as part of the investigatory procedure, it
was found that 50% of the complaints were false.

Charles P. McDowell, a researcher in the United States Air Force
Special Studies Division, studied the 1,218 reports of rape that were
made between 1980 and 1984 on Air Force bases throughout the world
(McDowell, 1985). Of those, 460 were found to be "proven"
allegations either because the "overwhelming preponderance of the
evidence" strongly supported the allegation or because there was a
conviction in the case. Another 212 of the total reports were found to
be "disproved" as the alleged victim convincingly admitted the
complaint was a "hoax" at some point during the initial
investigation. The researchers then investigated the 546 remaining or
"unresolved" rape allegations including having the accusers
submit to a polygraph. Twenty-seven percent (27%) of these complainants
admitted they had fabricated their accusation just before taking the
polygraph or right after they failed the test. (It should be noted that
whenever there was any doubt, the unresolved case was re-classified as a
"proven" rape.) Combining this 27% with the initial 212
"disproved" cases, it was determined that approximately 45% of
the total rape allegations were false.

Unfortunately, like the two studies presented here, the empirical
studies that exist on the frequency of false rape allegations are sparse
in number and have notable limitations. Small sample sizes and
non-representative samples preclude generalizability. Regardless, the
mere number of publicized incidents of false accusations of rape over
the last two decades indicates not only a need for further investigation
into the problem, but a better understanding of how to identify such
cases.

The Truth Behind the Lie

As with all of human behavior, there are numerous reasons why a
person would lie about being raped. In the study of false rape
allegations in the mid-western town and state universities, over half of
the accusers fabricated the rape to serve as a "cover story"
or alibi. This included 56% of the non-student and 53% of the student
false accusers. The most frequent context and motive for the fabricated
rape was consensual sex with an acquaintance that led to some sort of
problem for the accuser. The perceived problem was typically something
that caused feelings of shame and guilt in the accuser (such as
contracting a sexually transmitted disease or becoming pregnant), which
was bound to be discovered and received negatively by family or friends.

Approximately half of the accusers who were motivated by a need for
an alibi identified the alleged rapist. Their goal was not to harm or
cause problems for the acquaintance, but to protect themselves in what
they perceived to be a desperate situation. As with most lies, the false
rape accusation allowed the accuser to deny responsibility by creating
an alternate reality into which to escape.

The next most common reason for lying about being a victim of rape
was revenge, rage, or retribution. In the Midwest study, this included
27% of the non-student and 44% of the student accusers. In these cases,
the false victim had suffered some real or perceived wrong, rejection,
or betrayal by the alleged rapist. As the purpose of making the
accusation was to obtain some measure of revenge, the
"suspect" was always identified. Researchers in the Air Force
study also found that spite or revenge and the need to compensate for a
sense of personal failure through an alibi accusation were the primary
motives for false rape reports.

There are a range of other reasons why women made false allegations
of rape. For some, it was to meet the overwhelming need for attention
often associated with Munchaussen Syndrome or Borderline Personality
Disorder. In those cases a specific suspect was seldom identified.
Others filed false reports in an attempt to essentially
"extort" money from the accused, who was typically wealthy.
Because the goal was financial, the accuser was typically not motivated
to pursue the case through formal legal channels, preferring to push for
a settlement.

As with certain false allegations of child sexual abuse, false
allegations of rape may be the unfortunate byproduct of "recovered
memory therapy." False allegations (of child abuse and domestic
violence, as well as rape) are also known to arise in the context of
divorce and disputed child custody. Within the context of the military,
false reports of rape may be filed in order to avoid deployment to war
zones.

Telling a Lie from a Truth

McDowell's research into the prevalence of false rape
allegations provided some direction for the difficult responsibility of
differentiating between a potentially true and a possibly false report
of rape. McDowell compared the initial rape accusations made by
"proven" victims with those made by "disproved"
complainants. His analysis revealed a number of notable differences
between the two groups. That is, there were certain characteristics or
indicators that were found with greater frequency in baseless reports
than in proven reports.

For example, in terms of the initial disclosure, unlike false
accusers, true victims tend to go directly to law enforcement to file a
report. False accusers are more apt to tell family members or close
friends, who either report the rape themselves or push the victim to do
so. In discussing the alleged rape, false accusers may be unable to
provide detailed descriptions of the rape or may provide too much
detail. Although a significant number of true rape cases include
numerous sexual acts in addition to penile penetration, those
fabricating allegations of rape tend to describe very limited and narrow
sexual activity. False accusers may describe the incident with
inappropriate affect, such as pleasure or even pride. Because they may
have never actually suffered a rape, the allegations of false accusers
may be physically improbable (if not impossible) or bizarre. Perhaps
most telling are numerous inconsistencies between the accuser's
description of the rape and the presence or absence of physical
evidence.

Approximately 50% of the women who filed false reports claimed
their assailant was a stranger or someone they knew indirectly (but
whose name she never knew or couldn't remember). Claiming an
unknown perpetrator makes the rape random and perhaps more importantly,
makes the case unsolvable. This, in turn, frees the false accuser from
the need to fabricate additional lies and the demands of being
confronted by the alleged assailant. Another 30% of false reporters
identified their attacker as someone they "kind of knew." In
comparison, 75% of proven victims knew and were able to identify their
rapist.

It seems that the quality of physical injuries may be the most
significant of all indicators. According to McDowell's findings,
the physical injuries sustained by false victims tend to be inconsistent
or "odd." Because the injuries are self-inflicted, they seldom
involve highly sensitive parts of the body, such as the vagina, nipples,
lips, or eyes. Similarly, the injuries of false complainants seldom
involve permanent injury or disfigurement. As the wounds are
self-inflicted, they tend to be on parts of the body that are easily
reached by the false accuser. There may be numerous lacerations and
abrasions, all of which are comparatively minor in severity. Unlike the
true victim, false accusers may seem comparatively indifferent or
nonplussed by their injuries.

As suggested above, for the vast majority of false reporters, the
allegation of rape solved a perceived problem the accuser was, or
anticipated, facing. The same cannot be said for proven rape victims as,
for most, rape marks the onset of numerous, long-term, and not easily
resolved problems. None of the factors identified by McDowell are
individually or independently conclusive or diagnostic of rape. Rather,
the presence of one or more of the criteria suggests the possibility of
a false allegation that should be carefully and sensitively investigated
and explored.

To test the efficacy of his criteria, McDowell had three
independent judges review all of the initially "unresolved"
rape reports using his criteria. This group included the cases of those
women who had admitted their allegation was fabricated when confronted
with taking a polygraph. For a case to be classified as
"unproved," all three of the judges had to determine a given
complaint was false. After the judges review, 65% of the cases in
McDowell's study were found to be false.

There is no certainty that any or all of the indicators identified
by McDowell will be present in rape reports that appear to be
"suspect." When present, however, they may serve to focus an
investigation of the charges, as well as to guide the treatment of the
alleged victim.

The Cost of the Crime

In most jurisdictions the accuser must admit that the accusation
was false before the charges against the suspect will be dropped. Yet
before the accuser decides to recant, the life of the falsely accused
may have been disrupted, if not destroyed. They may have suffered any
number of inequities, such as being arrested and questioned; dealing
with the expense of hiring an attorney; being subjected to time in jail;
having trouble with their employer; and fall-out with family and
friends, to name just a few. Even if the case is dropped, the reputation
of the falsely accused may be irreparably harmed, because some people
may believe the retraction was "pressured," and not true.

Worse yet for the accused, the case may go to trial. Even if the
falsely accused are acquitted, technically that does not mean they are
innocent, only that they could not be found guilty. Regardless of the
outcome of a criminal trial, the accuser can pursue civil action against
the accused, resulting in further loss of resources. The worst possible
outcome for those falsely accused of rape might be conviction and
incarceration.

There is no way of knowing the number of defendants who have been
convicted of rape on the basis of a false allegation. One study found 28
cases in which the defendant had been convicted and served an average of
7 years in prison before being exonerated by DNA evidence (Connors et
al., 1996). Of note, all 28 cases involved sexual assault with the
trials taking place in the mid- to late-1980s when DNA was not routinely
tested. According to the Innocence Project, since 2000 there have been
156 cases of post-conviction exonerations based on DNA testing, an
untold number of which involved sex crimes (Innocence Project, 2008).
The average time the wrongfully convicted person served prior to release
was 12 years. Regardless of the exact number, processing those who have
been falsely accused of rape is a clear waste of legal, judicial, and
penal resources.

Essentially, there are no formal negative consequences for the
person who files a false report of rape. Not only did the false
allegation serve a purpose for the accusers, they actually never have to
fully admit to themselves, their family, or their friends that the
report was a lie. Although there are grounds for bringing legal action
against the accuser, it is virtually never done. Even should a charge be
filed, in most jurisdictions filing a false report is only a
misdemeanor.

When rape cases go to trial, alleged victims are protected by
"rape shield statutes." In brief, these statutes are designed
to prevent defense attorneys from using the accuser's sexual
history "against" her. At the same time, these rape shield
laws may suppress evidence related to the woman's history that is
relevant to the issue before the court. In particular, they have been
used to exclude prior false accusations of rape filed by the alleged
victim.

Although courts have ruled inconsistently on this issue, there is
legal foundation for admitting prior false accusation into evidence in
criminal proceedings (Epstein, 2005). In a step toward ensuring justice,
perhaps when there is proof of prior false reports, they should be
allowed in. Before this can happen, guidelines would need to be
established regarding the definition of a "false rape
accusation" and the criteria for proof of prior acts. Similarly,
consideration should be given to making the filing of a false report of
rape a felony, rather than a misdemeanor. Finally, instituting the
possibility of a "not guilty and not credible" verdict might
provide some recovery for the falsely accused and a clear warning to the
false complainant.

In the End

Although it may not be "politically correct" to question
the veracity of a women's complaint of rape, failing to consider
the accuser may be intentionally lying effectively eradicates the
presumption of innocence. This Constitutional right is especially
significant when dealing with allegations of rape as in most
jurisdictions, sex offenses are the only crimes that do not require
corroborating evidence for conviction. Because there are often no
witnesses and no physical evidence (especially if the victim delays in
filing a report), the case may come down to the credibility of the
accused versus the credibility of the accuser.

There is a fine line between supporting victims and protecting the
rights of the accused. Yet, considering the unique challenges of trying
and defending rape cases combined with the potential costs to the
falsely accused, being able to assess the credibility of the alleged
victim takes on special importance. Inconsistencies in the
accuser's complaint should be confronted gently and respectfully,
with awareness of the fact that true victims may distort or even lie out
of embarrassment or shame.

ADDITIONAL INFO

There are several online resources devoted to increasing awareness
of the fact that false rape accusations are an all-too-common reality.
The moderators of these information sites provide a wealth of articles,
links, and statistics on false rape charges. One Web site is www.
falserape.net.

Falserape.net provides news briefs on publicized cases of false
rape, links to other in-depth articles, and a list of helpful Books on
the subject. An additional section addressing legal issues is also
available.

The Web site states that it was created by a concerned mother to
increase awareness that women sometimes make false rape charges and
destroy the lives and reputations of innocent men, while the false
accusers face no repercussions.

For more information, please visit www.falserape.net.

A Selection of McDowell's Indicators of False Rape
Allegations:

Physical injuries of false accusers usually are limited to
superficial cuts, scratches, and abrasions. Scratches often appear in a
hatching or crosshatching pattern, due to repeated attempts to make the
scratches visible. Scratches that resemble letters or words sometimes
are found on false accusers, typically on their abdomens, but are not
found on actual victims.

False accusers frequently claim that they offered vigorous and
continuing physical resistance but suffered no serious reprisals. Most
actual rape victims do not offer vigorous resistance, and those who do
often suffer extremely brutal reprisals.

A false accusation typically solves some perceived problem for the
"victim." It may explain a pregnancy or venereal disease, or
it may exact revenge. In contrast, actual rapes seldom appear to solve a
problem. They usually create serious problems.

False accusers usually do not make their allegations initially to
authorities. Typically they make them to friends or relatives who in
turn inform the authorities.

False victims, more often than actual ones, claim to have been
raped by strangers.

False accusers, much more often that actual ones, claim to have
been attacked by multiple assailants who fit an unsavory stereotype.

False accusers typically claim to have been victims of simple
penile insertions, or blitz rapes, without collateral sexual activity.

False accusers tend to be vague on the details, but when a false
victim does provide details she tends to do so with a relish that actual
victims seldom have.

In false accusation cases, far more frequently than in actual
cases, the purported crime scene and the physical evidence are found to
be inconsistent with the allegation.

False accusers, more often than actual victims, claim to have
received phone calls from their "rapists" before or after the
crime.

False accusers, more often than actual victims, have personal
problems, including difficulty in interpersonal relationships and a
history of lying and exaggeration.

[Source: (1985). Chicago Lawyer]

References

Bureau of Justice Statistics (BJS). (2008a). Personal crimes, 2006:
Number of incidents and victimizations and ratio of victimizations to
incidents, by type of crime. (Table 26). Criminal Victimization in the
United States, 2006. Washington, D.C.: U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Statistics. Retrieved from
http://www.ojp.usdoj.gov/bjs/pub/pdf/ cvus/current/cv0626.pdf

Bureau of Justice Statistics (BJS). (2008b). Personal crimes, 2006:
Victimization rates for persons age 12 and over, by gender and age of
victims and type of crime. (Table 4). Criminal Victimization in the
United States, 2006. Washington, D.C.: U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Statistics. Retrieved from
http://www.ojp.usdoj.gov/bjs/pub/pdf/ cvus/current/cv0604.pdf

Tjaden, P., & Thoennes, N. (2000). Full report of the
prevalence, incidence, and consequences of violence against women
(research report): Findings from the National Violence Against Women
survey. (NCJ 183781). Washington, D.C.: U.S. Department of Justice,
Office of Justice Programs, National Institute of Justice.

Bruce Gross, PhD, JD, MBA, FACFEI, DABPS, DABFE, DABFM, is a Fellow
of the American Psychotherapy Association (APA) and is a regular
columnist for Annals of the American Psychotherapy Association. He has
been a member of APA since 1999.